DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Mackay Kindergarten Association Incorporated T/A South Mackay Kindergarten
(AG2017/6019)

SOUTH MACKAY KINDERGARTEN EARLY CHILDHOOD EDUCATION ENTERPRISE AGREEMENT 2017

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 MARCH 2018

Application for approval of the South Mackay Kindergarten Early Childhood Education Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the South Mackay Kindergarten Early Childhood Education Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Mackay Kindergarten Association Incorporated T/A South Mackay Kindergarten. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The South Mackay Kindergarten Association Incorporated, trading as South Mackay Kindergarten, sought approval of the South Mackay Kindergarten Early Childhood Education Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The principal issue before the Commission was whether the terms of the proposed enterprise agreement were fair and reasonable in accordance with the Fair Work Act 2009. The Commission had to consider if the agreement provided appropriate pay and conditions for employees, whether it was consistent with relevant federal awards, and if it was in line with broader economic and social policy objectives.

The Commission examined the agreement's provisions, including pay rates, leave entitlements, and procedural fairness mechanisms. It evaluated if the agreement addressed the needs of both employers and employees, and if it provided a safety net of minimum standards. The Commission also considered the bargaining power of the parties and the context of the agreement, including any relevant industrial or economic factors. The decision hinged on whether the agreement met the statutory criteria for fairness and reasonableness, particularly in light of the educational sector's unique characteristics.

After thorough consideration, the Commission found that the proposed agreement was fair and reasonable. It concluded that the agreement provided appropriate remuneration and conditions for employees, was consistent with relevant awards, and aligned with broader policy objectives. The agreement was approved, ensuring that the South Mackay Kindergarten Association Incorporated and its employees would be governed by the terms of the enterprise agreement. The Commission's decision was based on the comprehensive evaluation of the agreement's provisions and the broader industrial and economic context.

South Mackay Kindergarten Association Incorporated T/A South Mackay Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established